Part 34 published on 01/05/11
Court orders owner to vacate and sell his unit
The facts of this case were summarized by the Court as follows:
“The evidence before me is that for years the (owner) has engaged in significantly aggressive behavior toward other unit owners, their guests, and management personnel of the building. He has been convicted of, and has served jail time for, criminal offences relating to the serious vandalism of one such owner’s vehicle and to his having become involved in a knife fight in the foyer of the building with yet another owner. He was observed kicking a dog belonging to the guest of an owner, as well as swearing at and throwing beer at the dog’s owner. He has been verbally abusive towards staff and others.”
“In a more recent incident, the owner yelled at another dog owner and said ‘if this shit keeps on, someone is going to get hurt and if I have to go back to jail, someone is going to die’.”
Condominium owners and staff were afraid of the respondent owner.
The owner did not deny his conduct. His only “explanation” was that he had various complaints of financial mismanagement against the condominium corporation. The Court said that those complaints did not justify the owner’s behaviour. The Court also addressed an apparent disability of the owner. The Court said:
“The respondent says, and I accept as true, that he has suffered brain injury and that he had a difficult childhood. Neither of these facts, however unfortunate and deserving of sympathy as they may be, can justify his conduct.”
The Court ordered the owner to vacate and sell his unit, such sale to close no more than 90 days from the Court’s order. In the interim, the owner was restrained from entering upon the common elements and from having any oral or physical contact or communication with any resident or employee of the condominium.